Torts 1 Fall Final ACTUAL UPDATED
Exam Questions and CORRECT Answers
Elements of Intentional Torts - CORRECT ANSWER - Volitional act, intent, a resulting
consequence (causation)
Elements of Battery - CORRECT ANSWER - [1] Intent, [2] contact that is harmful or
offensive, [3] with a person of another
Intent for Battery - CORRECT ANSWER - Desire to make contact and knowledge to a
substantial certainty that such contact would be harmful or offensive (objective standard)
Single Intent Jurisdiction for Battery - CORRECT ANSWER - If a person intends to make
contact with a person of another that ends up being harmful or offensive, that person is liable for
battery, regardless of their intention to cause harm or offend.
Wagner v. Utah (2005) - CORRECT ANSWER - A woman was attacked by a mentally
handicapped man in the custody of the state.
Illustrates Single Intent Jurisdiction
Dual Intent Jurisdiction for Battery - CORRECT ANSWER - If a person not only intended
to contact another person, but ALSO intended for that contact to be harmful or offensive to the
other person or has knowledge to a substantial certainty that such conduct would be harmful or
offensive, then they have committed a battery.
White v. Muniz (2000) - CORRECT ANSWER - Worker attacked by elderly patient at
care center.
Illustrates Dual Intent Jurisdiction
, Elements of Assault - CORRECT ANSWER - [1] intent [2] to cause a reasonable
apprehension [3] of harmful or offensive contact
Intent for Assault - CORRECT ANSWER - Desire to do something and knowledge to a
substantial certainty that that action would cause a reasonable apprehension of offensive contact
To Cause Reasonable Apprehension for Assault - CORRECT ANSWER - A reasonable
person would perceive that contact was imminent
Harmful or Offensive Conduct for Assault - CORRECT ANSWER - contact MUST be
imminent and not conditional
Transferred intent - CORRECT ANSWER - recognized between assault and battery and
person to person
Elements of Intentional Infliction of Emotional Distress - CORRECT ANSWER - [1]
extreme and outrageous conduct that [2] intentionally or recklessly [3] causes [4] severe
emotional distress
Extreme and outrageous conduct - CORRECT ANSWER - The recitation of the facts to an
average member of the community would arouse his resentment against the actor and lead him or
her to exclaim, "Outrageous!"
Shumate v. Twin Tower Hospitality, LLC (2009) - CORRECT ANSWER - An instance of
overt racial discrimination can meet the standard of "extreme and outrageous" conduct under
Intentional Infliction of Emotional Distress.
What is often NOT considered extreme and outrageous conduct? - CORRECT ANSWER -
hurt feeling, rough language, inconsiderate and unkind behavior, unflattering opinions, mere
insults, indignities, threats, annoyances, petty oppressions
Exam Questions and CORRECT Answers
Elements of Intentional Torts - CORRECT ANSWER - Volitional act, intent, a resulting
consequence (causation)
Elements of Battery - CORRECT ANSWER - [1] Intent, [2] contact that is harmful or
offensive, [3] with a person of another
Intent for Battery - CORRECT ANSWER - Desire to make contact and knowledge to a
substantial certainty that such contact would be harmful or offensive (objective standard)
Single Intent Jurisdiction for Battery - CORRECT ANSWER - If a person intends to make
contact with a person of another that ends up being harmful or offensive, that person is liable for
battery, regardless of their intention to cause harm or offend.
Wagner v. Utah (2005) - CORRECT ANSWER - A woman was attacked by a mentally
handicapped man in the custody of the state.
Illustrates Single Intent Jurisdiction
Dual Intent Jurisdiction for Battery - CORRECT ANSWER - If a person not only intended
to contact another person, but ALSO intended for that contact to be harmful or offensive to the
other person or has knowledge to a substantial certainty that such conduct would be harmful or
offensive, then they have committed a battery.
White v. Muniz (2000) - CORRECT ANSWER - Worker attacked by elderly patient at
care center.
Illustrates Dual Intent Jurisdiction
, Elements of Assault - CORRECT ANSWER - [1] intent [2] to cause a reasonable
apprehension [3] of harmful or offensive contact
Intent for Assault - CORRECT ANSWER - Desire to do something and knowledge to a
substantial certainty that that action would cause a reasonable apprehension of offensive contact
To Cause Reasonable Apprehension for Assault - CORRECT ANSWER - A reasonable
person would perceive that contact was imminent
Harmful or Offensive Conduct for Assault - CORRECT ANSWER - contact MUST be
imminent and not conditional
Transferred intent - CORRECT ANSWER - recognized between assault and battery and
person to person
Elements of Intentional Infliction of Emotional Distress - CORRECT ANSWER - [1]
extreme and outrageous conduct that [2] intentionally or recklessly [3] causes [4] severe
emotional distress
Extreme and outrageous conduct - CORRECT ANSWER - The recitation of the facts to an
average member of the community would arouse his resentment against the actor and lead him or
her to exclaim, "Outrageous!"
Shumate v. Twin Tower Hospitality, LLC (2009) - CORRECT ANSWER - An instance of
overt racial discrimination can meet the standard of "extreme and outrageous" conduct under
Intentional Infliction of Emotional Distress.
What is often NOT considered extreme and outrageous conduct? - CORRECT ANSWER -
hurt feeling, rough language, inconsiderate and unkind behavior, unflattering opinions, mere
insults, indignities, threats, annoyances, petty oppressions
